Law Society of Kenya (LSK) President Nelson Havi walked out of a council meeting that was meant to decide the fate of troubled CEO Mercy Wambua on October 19, Kahawa Tungu can authoritatively report.
According to inside sources, Havi vowed to write Ms Wambua’s judgement alone, even as it seemed that the council members had decided to reinstate her following a disciplinary case that saw her suspended.
Before Havi could write and make public his judgement, the council had its judgement ready and shared with the media, in an event that the President was conspicuously missing.
In the statement, the council decided that Ms Wambua, who was on suspension between September 15 and October 18, resumes her work “with immediate effect”.
In her suspension, Ms Wambua was accused (by Havi) of gross misconduct and incompetence, which the council found unfounded.
Read: LSK CEO Mercy Wambua Suspended As Leadership Wrangles Escalate
“Nine out of 13 council members voted against the removal of the Secretary/CEO and therefore the motion to remove the Secretary from Office failed. The Majority of the Council members found that the allegations levelled against the CEO did not amount to gross misconduct and or incompetence,” the council said in a statement.
The statement was signed by nine council members including Roseline Odede, George Omwansa, Carolyne Mutheu, Faith Odhiambo, Aluso Ingati, Ndinda Kanyili, Bernhard Ngetich, Riziki Emukule and Beth Michoma.
Others refused to sign the document, or maybe were excluded, and did not show up for the briefing.
The council (nine members) further castigated the Havi in what they termed as “disrespect” in statements published in sections of the media.
“We have observed with a lot of displeasure the continued attempt by the President to disrespect the Council. In the Star Newspaper of 18th October 2020, the President is quoted as having accused the Secretary of frustrating the LSK and further that he alleges that 6 Council members have been compromised and that he has evidence to prove. We condemn in the strongest terms possible the actions by the President, his attempts to change a decision of the Council and disparaging the character of Council members,” added the statement.
The members accused the President of having no power to write a sole judgment, allegations that Havi has dispelled, terming the statement issued on Monday as misleading.
Read: Details Emerge of How Young Lawyers Are Being Mistreated By Their Seniors At The Workplace
“When asked to sign the motion to expel the AG and dissolve Parliament, these Council Members giving misleading statements purportedly on behalf of Law Society of Kenya took the position that only the President can sign documents and speak for the Society. What has changed,” Havi posted on Twitter.
When asked to sign the motion to expel the AG and dissolve Parliament, these Council Members giving misleading statements purportedly on behalf of Law Society of Kenya took the position that only the President can sign documents and speak for the Society. What has changed? ^POLSK pic.twitter.com/mncPix851k
— Nelson Havi (@NelsonHavi) October 20, 2020
According to Havi, each member of the council was to write an individual judgment and then submit it to him for combination. He said that only three council members submitted their judgments, while others suffered what he termed as “writers block”.
“No decision was overturned. The Council resolved that each Council Member should write his or her reasoned decision for compilation by the President and deliver today. I delivered decisions of the VP, Herine Kabita, Esther Ang’awa and mine. The rest suffered writers block,” he added.
No decision was overturned. The Council resolved that each Council Member should write his or her reasoned decision for compilation by the President and deliver today. I delivered decisions of the VP, Herine Kabita, Esther Ang’awa and mine. The rest suffered writers block. ^POLSK https://t.co/xsFX4C0b84
— Nelson Havi (@NelsonHavi) October 19, 2020
In his judgment, Havi expelled Ms Wambua, and it now remains unclear which judgment stands even as supremacy battles go a notch higher.
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